SC orders in arbitration petitions
The Supreme Court last week set aside the nomination of a former judge by the Gauhati High Court to arbitrate between the Railway and Premco-DKSPL. It said that the Railway had sent a panel of arbitrators within the time stipulated in the agreement and the high court had misread the terms of the contract on the time limit for seeking appointing of the arbitrator. In another case under the Arbitration and Conciliation Act, Etoile Creations vs Sarl Danset Deco, the court appointed an arbitrator to resolve disputes between the Indian firm manufacturing and exporting home furnishing and a French firm. There were disputes over payments and breach of the terms of buyers’ agreement. On the application of the Indian firm, the Chief Justice nominated a retired judge of the Delhi High Court as the sole arbitrator, though the French firm did not appear before the court.